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What do do when the CSA fails you

india
india Posts: 685 Forumite
edited 27 April 2009 at 9:58AM in Child support
My Ex-Husband is claming benefits and working cash in hand.

The CSA asessed a nil liabile assessment and said he didn't tell them he was on benefits or that he was working so they can't do anything.


What do I do now?
«1

Comments

  • 3onitsway
    3onitsway Posts: 4,000 Forumite
    1,000 Posts Combo Breaker
    CSA would have checked if he was on benefits via the benefits agency - so it sounds like he's not claiming.
    :beer:
  • india
    india Posts: 685 Forumite
    He is claming. he signs on
  • Loopy_Girl
    Loopy_Girl Posts: 4,444 Forumite
    To be fair the CSA aren't failing you - he is. He is choosing to work on the side and not provide for his children and that is not the failings of the CSA but the failings of him as a man.

    If you are sure then report him to the DWP for benefit fraud. Then report him to the HMRC for tax evasion.
  • bdt1
    bdt1 Posts: 891 Forumite
    Part of the Furniture Combo Breaker
    If you can gather evidence of him working, pics etc, then submit these to CSA or ask for referral to Criminal Compliance then you may end up with a re-assessment - others better to advise, but you really need evidence he's working for cash in hand
  • Soubrette
    Soubrette Posts: 4,118 Forumite
    Don't bother submitting evidence of benefit fraud to the CSA as they are not an investigative agency. You will have to report him with as much evidence as possible to the DWP, they will then choose whether or not they investigate on the evidence you have provided.

    If the investigation is successful, and I don't believe that you will be told, only then can you go back to the CSA.

    Good luck

    Sou
  • bdt1
    bdt1 Posts: 891 Forumite
    Part of the Furniture Combo Breaker
    Soubrette, thanks but not our experience.

    My hubs (NRP), I'm NRPP has never claimed benefits in his life - and neither have I! But, I do think it depends on how hell-bent a PWC may be to totally bring down a NRP - ours said she will bring usdown as long as she has breath in her body - just to add I was not a scarlet woman they split over 1year before I met him!

    Anyway, she took loads of pics, alleged loads of things, even took pics of my son at school - he didn't school locally so she didn't know why, we have reported her to Police loads and had to get CCTV, but she managed to get Criminal Compliance involved, they said she was non-stop in touch! So, good luck, but again, depends on the ex, the awful thing is we've been through hell, as a 2nd family have proven our innocence, yet still the CSA enforcing debts the CSA Appeals Dept say we don't owe, but they can't change until we go to a Tribunal - it's mad.

    And it goes without saying the PWC denied my hubs the NRP access ohis children as soon as we met, and she realised he finally wasn't going back any more for the sake of the children, he misses his kids every day and we pray they will find him when they are older, it's just so tragic they were denied their father
  • Soubrette
    Soubrette Posts: 4,118 Forumite
    bdt1 wrote: »
    Soubrette, thanks but not our experience.

    My hubs (NRP), I'm NRPP has never claimed benefits in his life - and neither have I! But, I do think it depends on how hell-bent a PWC may be to totally bring down a NRP - ours said she will bring usdown as long as she has breath in her body - just to add I was not a scarlet woman they split over 1year before I met him!

    Anyway, she took loads of pics, alleged loads of things, even took pics of my son at school - he didn't school locally so she didn't know why, we have reported her to Police loads and had to get CCTV, but she managed to get Criminal Compliance involved, they said she was non-stop in touch! So, good luck, but again, depends on the ex, the awful thing is we've been through hell, as a 2nd family have proven our innocence, yet still the CSA enforcing debts the CSA Appeals Dept say we don't owe, but they can't change until we go to a Tribunal - it's mad.

    And it goes without saying the PWC denied my hubs the NRP access ohis children as soon as we met, and she realised he finally wasn't going back any more for the sake of the children, he misses his kids every day and we pray they will find him when they are older, it's just so tragic they were denied their father

    That is a terrible story bdt1 - I tend to believe that people reap what they sow in the way of lies and deceit so I am sure your husband's ex will get her comeuppance - it may not be in the short term but there is many a bitter PWC with grown up children wondering why they spend more time with the NRP than with them.

    The CSA told me they were not an investigative agency (my ex is a director of a ltd company who has gone from around £80000 income 5 years to minimum wage now :rolleyes:. I asked them to look at his tax returns and this is what they told me - they can only look if I can somehow get hold of direct evidence that he takes dividends).

    This is why your husband's ex is taking the pictures etc - they will not investigate themselves.

    However, I know at least one other poster here who's NRP has been investigated by Criminal Compliance although her experience is one of 'radio silence' once it gets that far. So maybe it is worth sending evidence to the CSA.

    Is it possible once you have gone to the Tribunal to go to the police and complain that you are being harassed? Would it be possible to get a court order and injunction about the ex being within a certain distance from you?

    Also, would there be any problems with you going for custody of your husband's children - it really doesn't sound like a healthy environment for them?

    Good luck with it all

    Sou
  • bdt1
    bdt1 Posts: 891 Forumite
    Part of the Furniture Combo Breaker
    Soubrette,

    We have already been to Police, and solicitor with application to Court for Injunction,we have our cctv evidence, but on receipt of this info, all she did was involve her 'friends/associates' to do her 'work', thus meaning no proof it was her, they denied they knew her.

    The Police have told us in extreme cases, their involvement can make things worse, in this case they admit it has, the PWC just enlists assistance and denies all knowledge.

    As for the children, it' so sad, my husband is a wonderful father to our 2 children and would have loved to see/be involved with his other 2 from PWC, but not only have those children missed the input of their father, but that of siblings, and a bit of help etc with childcare for the PWC, it's sos awful, he's missed them so much over the years, but we wonder what poisons they have been fed, in regard to their father and extended family?
  • LizzieS_2
    LizzieS_2 Posts: 2,948 Forumite
    Soubrette wrote: »
    The CSA told me they were not an investigative agency (my ex is a director of a ltd company who has gone from around £80000 income 5 years to minimum wage now :rolleyes:. I asked them to look at his tax returns and this is what they told me - they can only look if I can somehow get hold of direct evidence that he takes dividends).

    That data can be bought from companies house - it will tell you exactly what dividends have been paid out and to whom (whom being important as 'diversion of income' might also be involved).
  • Soubrette
    Soubrette Posts: 4,118 Forumite
    LizzieS wrote: »
    That data can be bought from companies house - it will tell you exactly what dividends have been paid out and to whom (whom being important as 'diversion of income' might also be involved).

    Unfortunately he only has to publish his abbreviated accounts on Companies House - basically a balance sheet rather than a full profit and loss statement.

    We do know that he is the sole shareholder, Director and earning employee of the company.

    Sou
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